In case T-691/14, the General Court of the European Union (the “GC”) has reduced Servier’s fine for abuse of dominance position through a pay-for-delay practice by €102.67 million. According to the GC, the European Commission (the “Commission”) incorrectly defined the ...
Read More »The CJEU rules on the application of jurisdiction clauses in action for antitrust damages
In case Apple Sales International et al. v. MJA (acting as liquidator of eBizcuss.com) (C-595/17), the Court of Justice of the European Union (“CJEU”) has recently affirmed that a jurisdiction clause is applicable to an action for damages brought by a ...
Read More »THE GENERAL COURT UPHOLDS (WITH ONE EXCEPTION) THE FINES IMPOSED BY THE COMMISSION ON COMPANIES INVOLVED IN THE AIR FREIGHT FORWARDING CARTEL
On February 29, the General Court issued six judgments ruling on the cartel fines imposed by the Commission on several companies in the sector of international air freight forwarding services. In 2012, the Commission imposed fines amounting to a total ...
Read More »THE COURT OF APPEAL OF PARIS REVERSES THE GOOGLE JUDGMENT IN THE MAP PLUGIN SECTOR
On 25 November 2015, the Court of Appeal of Paris allowed the appeal of Google against a first instance decision granting damages to Evermaps for abuse of dominant position of Google. The two companies are direct competitors in the online ...
Read More »HUAWEI V ZTE: OPEN ISSUES AFTER ECJ’S JUDGMENT
Comment by Marco Lo Bue (Italian Competition Authority) On 16 July 2015, the European Court of Justice addressed the request for a preliminary ruling submitted by the District Court of Dűsseldorf with regard to the Huawei v ZTE case . The ...
Read More »THE EUROPEAN COURT OF JUSTICE DECIDES THE HUAWEI CASE ON STANDARD ESSENTIAL PATENTS
The European Court of Justice delivered, on 16 July, its judgment on the preliminary ruling regarding the Huawei case, stating that an action brought by an undertaking in dominant position, seeking injunction and compensation against an alleged infringer of a ...
Read More »NATIONAL COURTS’ INVESTIGATIVE POWERS AND BURDEN OF PROOF: THE ITALIAN COURT OF CASSATION REINTERPRETS NATIONAL PROCEDURAL LAWS ON THE BASIS OF THE DIRECTIVE 104/2014
The burden of proof falling on the claimant in competition damages actions, especially if stand-alone type, is notoriously fraught with difficulty. As a consequence, if the national judge interprets the domestic procedural laws in a strict and formalistic manner, this ...
Read More »A PRESUMPTION OF CONFIDENTIALITY: THE GENERAL COURT ADDS NEW RESTRICTIONS TO THE ACCESS TO DOCUMENTATION OF PROCEEDINGS
With a recent judgment in the case T-623/13, the General Court ratified the presumption used by the European Commission for which documents exchanged between the Commission and a national competition authority in proceedings concerning an infringement of the competition rules ...
Read More »SÜDZUCKER FACES DAMAGES ACTIONS FOLLOWING THE GERMAN SUGAR CARTEL DECISION
Vivil, a German producer of cough drops and vitamin sweets, sued Südzucker, Europe’s largest sugar refiner, for compensation of damages caused by the German ‘sugar cartel’. The defendant participated, together with Nordzucker and Pfeifer, to anticompetitive agreements on sales areas, quotas ...
Read More »APPLY NOW – TRENTO SUMMER SCHOOL ON ADVANCED EU COMPETITION LAW AND ECONOMICS
The Summer School is organised by the Osservatorio Permanente sull’Applicazione delle Regole di Concorrenza based at Faculty of Law of Trento University. The Summer School is co-directed by Gian Antonio Benacchio and Michele Carpagnano. The Summer School offers a unique opportunity to analyse and study EU Competition ...
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